Index 

1. Introduction 
2. What Is The Election Commission Of India (ECI) 
3. Role Of Election Manifestos 
4. Enforceability Of Election Manifestos: Legal Debates And Perspectives
5. Need For Election Manifesto
6. Election Manifestos: Regulations And Fair Practices By The ECI
7. Popular Judgements
8. Conclusion 

Introduction 

A manifesto is akin to a company’s vision statement but with a heightened call to action, resembling a slogan or advertisement promising to achieve a specific goal if a political party is elected. It is a public declaration outlining the intentions, motives, or perspectives of the issuer, whether it’s an individual, group, political party, or government.

What Is The Election Commission Of India (ECI) 

The Election Commission of India is a constitutional authority with autonomy, tasked with managing electoral processes across India. It oversees elections for the Lok Sabha, Rajya Sabha, State Legislative Assemblies, as well as the President and Vice President’s offices. Operating under the mandate of Article 324 of the Constitution, the Election Commission also adheres to the guidelines outlined in the Representation of the People Act, 1951.

Role Of Election Manifestos 

Many times, politicians across different parties have promised things in their manifestos but later failed to deliver on these commitments after winning elections. This has led to widespread distrust among the public, sparking debates in society and drawing media attention. The judicial courts have even intervened, providing guidelines that the Election Commission of India used to create a model election code of conduct for political parties. This code aims to prevent any party from unfairly gaining an advantage in the immediate vote share during elections.

These regulations primarily focus on ensuring free and fair elections in the short term. However, the underlying necessity for enforcing election manifestos is to establish accountability and prevent disillusionment among the unaware public, who may not understand the political intricacies behind these promises. Often, these promises are unrealistic and can evoke strong emotions and expectations, hence the importance of enforcing them.

Enforceability Of Election Manifestos: Legal Debates And Perspectives

Many have debated whether election manifestos are legally enforceable. This discussion often delves into legal circles, where comparisons are drawn with contract law. In this context, a manifesto is viewed as a promise or an offer, aligning with the principles outlined in Section 10 of the Indian Contract Act, 1872. This section establishes that parties entering into a contract are bound by the promises made therein and can be held accountable for fulfilling them.

Need For Election Manifesto 

The definition of election manifestos reveals their core purpose and it is to articulate goals that resonate with the voting populace.

Various public issues and demands necessitate attention. Elected representatives address these concerns in parliamentary houses at the national level and in legislative assemblies or councils at the state level, enacting laws that are then put into effect. Sometimes, initiatives are launched without formal legislative backing, relying on ordinances or approvals by the President or Governors to authorise expenditures. This demonstrates that fulfilling the aspirations of the public is necessary upon the effective implementation of election manifestos.

Election Manifestos: Regulations And Fair Practices By The ECI

The ECI, through comparative analysis of international legislation, established a model code of conduct outlined in Section VIII. It stipulates:

1. Election manifestos do not constitute corrupt practices under Section 123 of The Representation of People’s Act, 1951. Additionally, the distribution of freebies is deemed to disrupt fair election processes.
2. The ECI is mandated to issue the model code of conduct to ensure fair elections, especially regarding the timing of manifesto releases.
3. While the ECI lacks authority to regulate manifestos made before election dates are announced, exceptions may apply in specific cases.
4. Dialogue with political parties aimed to strike a balance between their rights to declare manifestos and maintaining an equitable electoral landscape.
5. Guidelines were issued to ensure political parties adhere to the spirit and principles of state policy, refraining from exaggerated promises in welfare policies.
6. Section 126 of The Representation of People’s Act, 1951, prohibits the release of manifestos during the election’s probationary period, whether single-phase or multiphase.

In subparagraph 4 of paragraph I on general conduct, the prevailing model code of conduct, as mandated by the Supreme Court at the time, includes beneficial provisions such as prohibiting parties and candidates from engaging in corrupt activities, bribery, intimidation, voter impersonation, canvassing within 100 metres of polling stations in the final 48 hours after poll closure dates are announced, and transporting voters.

Paragraph VII, regarding the Party in Power, specifies that the ruling party at the national or state level must refrain from misusing official authority by approving funds or grants, initiating infrastructure projects, making promises related to development, or making specific government appointments after election dates are announced, with the intent to sway voters.

Popular Judgements 

In the S.Subramaniam Balaji vs. Government of Tamil Nadu and Others, the Supreme Court directed the Election Commission of India to establish guidelines regarding political party manifestos. Emphasising the importance of free and fair elections as foundational to constitutional principles, the Court underscored the need to preserve the separation of powers. It clarified that the Election Commission should not encroach upon legislative matters, any necessary regulations should be enacted by the legislature to govern political parties. Subsequently, the Election Commission convened an all-party meeting to gather their perspectives on this matter.

In a recent case, Najma versus Government of NCT of Delhi on July 22nd, 2021, the court issued a stay order on a decision to pay rent on behalf of tenants facing financial challenges due to the COVID-19 pandemic. This decision was based on a promise made by the Chief Minister of Delhi during a press conference on March 29, 2020.

The court ruled that such payments can only be made by the government if there exists a specific scheme or policy designed for individuals impacted by the pandemic. The Chief Minister’s promise alone was deemed insufficient for such payments.

The High Court of Tamil Nadu, in the M.Chandramohan vs. The Secretary, outlined 19 questions that led to the conclusion that political parties should avoid making exaggerated promises that could strain public funds, especially during financial crises. While not all promises are corrupt, many are necessitating guidelines from the Election Commission of India to establish a model code of conduct based on the Supreme Court’s decision in S.Subramaniam Balaji vs. State of Tamil Nadu and Others (2013) 9 Supreme Court Cases 659.

On the other hand, the High Court of Kerala, in the Sibha S vs. Union Of India, emphasised the moral obligation for elected parties to fulfil their pre-election promises, utilising democratic strategies and socio-welfare measures to benefit the masses upon gaining power.

Conclusion 

The analysis provided above aids in understanding how to structure contractual liability for enforceability purposes. The enforceability of election manifestos depends on having a clear plan, intent, and foundation in data. Only when these manifestos are supported by specific schemes, policies, Acts, and Rules, and are implemented without violating them, can they be challenged in a court of law.